14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2008:T038108.20081205|
|Date of decision:||05 December 2008|
|Case number:||T 0381/08|
|IPC class:||G11B 5/706|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Magnetic recording medium|
|Applicant name:||KONICA CORPORATION|
|Opponent name:||TODA KOGYO CORPORATION
EMTEC Magnetics GmbH
|Relevant legal provisions:||
|Keywords:||Missing statement of grounds|
Summary of Facts and Submissions
I. The appellant (Opponent O1) contests the interlocutory decision of the opposition division dated 19 December 2007 concerning maintenance of the European patent No. 0 592 922 in amended form.
II. The appellant filed a notice of appeal received on 19 February 2008 and paid the appeal fee on the same day. No statement of grounds of appeal was received.
III. In a communication dated 10 June 2008 sent by registered post with advice of delivery, the board informed the appellant that no statement of grounds of appeal had been received and that it was to be expected that the appeal would be rejected as inadmissible. The appellant was informed that any observations should be filed within two months.
IV. No observations were filed.
Reasons for the Decision
1. Article 108 EPC requires that a statement setting out the grounds of appeal shall be filed within four months of notification of the decision. Pursuant to Rule 101(1) EPC the appeal shall be rejected as inadmissible if it does not comply with Article 108 EPC.
2. In the present case no document was filed by the appellant which could be regarded as a statement setting out the grounds of appeal. Consequently the appeal has to be rejected as inadmissible.
For these reasons it is decided that:
The appeal is rejected as inadmissible.